TERMS AND CONDITIONS OF USE FOR RIDY VENDING INFORMATION SERVICE

Last Updated: 2024/10/27

This Terms and Conditions Agreement (the "Agreement") governs the relationship between you, the user (referred to as the "User"), and Ridy PTE Ltd, a company incorporated under the laws of Singapore, operating under ACRA regulations, located at 68 Circular Road #02-01, Singapore, 049422 ("Ridy" or the "Company"). By accessing or using the Ridy platform, mobile application, or website (ridy.club) (collectively referred to as the "Application"), you agree to be bound by this Agreement. The Agreement outlines the terms of use for both the information service provided by Ridy and the vending device included as part of the service.

1. INTRODUCTION AND SCOPE

1.1. Service Provider: Ridy PTE Ltd provides a platform and related services for e-hailing drivers and passengers. The Application includes an information service for vending transactions, with devices provided as part of the service package to facilitate User engagement. By using the Application, the User accepts the terms described herein.

1.2. Device Provision: The vending devices provided as part of the service are designed to support the User's interaction with the platform. They are not sold as standalone products but are integral to the service. Device availability, pricing, and delivery terms are displayed on the website at the time of purchase.

1.3. User Roles: Users may interact with the Application as Drivers or Passengers. Drivers are authorized to sell goods through the platform using the device, while Passengers can make purchases via the Application. The Application connects Users to a third-party payment processor, currently Stripe LLC, to manage transactions.

2. DEVICE TERMS, DELIVERY, AND MAINTENANCE

2.1. Device as Part of the Service: The device provided is an integral part of the Ridy information service. It is included to facilitate vending operations by Drivers within their vehicles. It is not a standalone product sale; the device's purpose is solely to support the User's access to and use of the Ridy platform. The device is to be used exclusively within the User’s vehicle and for the intended vending operations. Any other use, including personal resale or modification, is prohibited. Only one device is provided per service activation, and subsequent replacements or additional devices will be subject to separate fees.

2.2. Device Pricing and Purchase Terms: Device prices, service plans, and purchase terms, including applicable fees for platform access, are displayed on the Ridy website at the time of purchase. The price of the device may be adjusted to reflect the selected service plan and available promotions, including referral bonuses or other discounts. Promotional pricing and referral bonuses are subject to availability and may be modified or discontinued at Ridy’s discretion

2.3. Delivery of Devices:

  • Free Delivery: If Delivery of devices is offered for free, subject to the terms outlined during the purchase process. Delivery timelines depend on the delivery service provider and may vary based on location.
  • Replacement: In cases where a device is defective upon arrival or fails within the initial usage period, Ridy will replace the device, provided the User follows the return instructions outlined by support service at the moment replacement initiated. Returns and replacements must be initiated within 7 days of receiving the device, and replacements will be shipped within 10 business days, subject to stock availability.
  • Delivery Risks: While Ridy will facilitate the delivery of devices, all delivery times are estimates and subject to the performance of third-party delivery services. The Company assumes no liability for delays, damages, or losses incurred during delivery, except where otherwise mandated by law.
  • The User must confirm the functionality of the device within 3 days of delivery to activate maintenance insurance. Failure to confirm functionality within this period will be considered as acceptance of the device’s condition, and the standard warranty will apply.

2.4. Maintenance, Spare Parts and initial warranty for the device attached to the service plan:

  • Unless specified the Basic Service Plan for maintenance is default.
  • Basic Service Plan: Users who opt for a basic service plan receive the device without additional maintenance or insurance coverage. Under this plan, Users are responsible for purchasing spare parts, and delivery costs for such parts may be charged to the User.
  • Comprehensive Service Plan: Users who opt for a comprehensive service plan option at the checkout receive maintenance support, including the provision of spare parts up to the insured value of the device. If the device cannot be repaired using spare parts, Ridy will send a replacement device, subject to available stock. Users are responsible for ensuring proper handling and care of the device during maintenance. Any damages incurred during self-service maintenance will void the coverage under the maintenance plan.
  • Spare Parts and Replacement: The availability of spare parts and replacement devices is contingent on existing stock levels and delivery service provider timelines. The Company reserves the right to charge for delivery costs for spare parts or replacement devices, where applicable.
  • The standard warranty covers manufacturing defects found within the first 3 days, while maintenance insurance covers part replacements and minor repairs for up to 1 year.

3. FEES, TRANSACTION AND USAGE TERMS

3.1. Ridy Fees:

  • Ridy charges a transaction fee of up to 5% on all sales made through the platform, depending on the selected service plan, discounts, or referral bonuses. This fee is applied to each transaction facilitated by the Application.
  • Referral Bonuses: Drivers who refer other drivers to the platform will have their transaction fees reduced to 0% for the first six months of service, applicable to both the referring and referred drivers.
  • Third-Party Payment Fees: All payments on the Ridy platform are processed via Stripe, Inc. using the Stripe Connect integration. The payment processing is managed under a separate license agreement with Stripe, not covered by this Agreement. Stripe’s transaction fees are determined solely by Stripe and are separate from Ridy’s transaction fees. Users are responsible for any fees imposed by Stripe in addition to those charged by Ridy. Ridy may use different payment processors in other countries or transition to an alternative provider to enhance user benefits or reduce fees. While staying with Stripe is not guaranteed, Ridy is committed to prioritizing cost-effective solutions for Users. Any change in payment provider will be communicated to Users, and the applicable terms will be updated. The User agrees to be bound by the terms of the new payment provider and will be responsible for any associated fees.

3.2. Transaction Terms:

  • Drivers set their own prices and product lists, which must comply with applicable laws and platform rules. Ridy provides the platform as an information service and a payment gateway, enabling Drivers to sell goods to Passengers.
  • All transactions are directly between the Driver and the Passenger, facilitated by the Ridy platform and payment gateway. Ridy itself is not a party to these transactions and does not guarantee the quality, safety, or legality of the goods sold.
  • Users are responsible for complying with local tax regulations, including the reporting and payment of sales taxes where applicable.

3.3. Device and Platform Usage:

  • Each device is intended for use in a single vehicle, unless the User has obtained a customized service license that permits multiple devices.
  • Ridy provides the website and embedded shop page to connect Drivers with Passengers, but Ridy does not guarantee or assume responsibility for the transaction outcome to user.

4. USER OBLIGATIONS AND PROHIBITED ACTIVITIES

4.1. User Obligations

  • Accurate Information: Users must provide accurate, current, and complete information during registration and maintain the accuracy of such information at all times.
  • Compliance: Users, particularly Drivers, must comply with all local, state, and federal laws, regulations, and requirements concerning the operation of the device and the sale of goods, including obtaining any necessary licenses or permits.
  • Proper Use: Users must use the Ridy device and platform in accordance with this Agreement and not for any illegal or unauthorized purposes.
  • Responsibility for Third-Party Agreements: Drivers understand that they may be bound by other agreements or terms with external services. By subscribing to and using Ridy’s platform, Drivers accept that it is their responsibility to ensure compliance with any such agreements. Ridy is not liable for any outcomes resulting from the interaction between Ridy’s services and other external terms that the Driver is subject to.
  • Unauthorized subleasing or leasing of devices: Users are prohibited from leasing, subleasing, or lending Ridy devices to third parties without explicit written consent from Ridy or if special license is not purchased.

4.2. Prohibited Activities

  • Illegal Products: Users are strictly prohibited from listing, selling, or distributing items that are illegal or regulated under local laws, including but not limited to alcohol, tobacco, drugs, or other controlled substances. Ridy reserves the right to remove any products or listings that violate these restrictions.
  • Fraudulent Activities: Users may not use the platform for any fraudulent activities, including misrepresentation of products, deceptive pricing, or false advertising.
  • Interference with Platform: Users must not engage in any activity that disrupts, interferes with, or harms the functionality of the Ridy platform, website, or associated services.
  • Consequences For Prohibited Aactivities: Engagement in prohibited activities may result in immediate account suspension, forfeiture of paid fees, and potential legal action, in addition to permanent removal from the platform without providing any refund.

4.3. Dispute Resolution

  • Driver and Passenger Disputes: Any disputes arising from transactions between Drivers and Passengers must be resolved directly between the parties involved. Ridy is not a party to these sales transactions and will not mediate or resolve disputes between Users.
  • Platform Disputes: For disputes directly related to the use of the Ridy platform or devices (e.g., technical issues or billing discrepancies), Users may contact Ridy’s customer support team for assistance.
  • Governing Law: This Agreement is governed by the laws of Singapore, without regard to conflict of law principles. Any legal action arising out of or relating to this Agreement shall be filed in the competent courts of Singapore.

5. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY

5.1. No Warranties

  • The Ridy platform, devices, and related services are provided "as is" and "as available." Ridy makes no warranties, express or implied, regarding the quality, reliability, or availability of its services, nor the products sold by Drivers.
  • Ridy disclaims any warranty or guarantee of sales performance, income potential, or profitability. Factors affecting sales—such as vehicle cleanliness, air conditioning, Driver behavior, pricing, and service hours—are beyond Ridy’s control and are solely the responsibility of the Driver.

5.2. Limitation of Liability

  • Ridy is not responsible for the quality, safety, legality, or compliance of products sold by Drivers. While Ridy provides initial screening of product listings for compliance, ongoing compliance is the Driver’s responsibility.
  • Ridy is not liable for any indirect, incidental, special, or consequential damages arising from the use of the platform or device, including but not limited to loss of profits, sales, business opportunities, or damage to reputation.
  • Ridy assumes no liability for any actions imposed by third-party companies due to the use of the Ridy platform or devices.
  • Ridy is not responsible for the functionality or availability of third-party services integrated into the platform, including payment gateways, mapping services, or other APIs.

5.3. Acknowledgement by Users

  • By subscribing to and using Ridy’s platform and devices, Users acknowledge that they understand these limitations and agree to hold Ridy harmless for any issues arising from factors beyond Ridy’s control.

6. DATA OWNERSHIP AND PRIVACY

6.1. Ownership of Data

  • All data related to sales transactions, product movements, and device usage generated through the Ridy platform belong exclusively to Ridy. The Company reserves the right to use this data to improve services, conduct research, and enhance platform performance, in accordance with applicable privacy laws.
  • Ridy follows data protection best practices to ensure the security and confidentiality of user data, in compliance with applicable privacy laws.
  • Users who has the devices may request access to certain sales and usage data related to their use of the Application through their account dashboard, subject to Ridy's data sharing policies.

7. RESTRICTIONS ON DEVICE USE AND DISCLOSURE

7.1. Ridy Devices Use and Disclosure

  • Users are prohibited from transferring, sharing, or providing access to the purchased device to any third parties, unless explicitly allowed under a customized service license provided by Ridy. Each device is intended for use exclusively by the registered User, in accordance with this Agreement.

7.2. Prohibition of Disassembly and Modifications

  • Users must not disassemble, modify, tamper with, or attempt to alter the device in any way. Any such actions violate this Agreement and may result in termination of service, with Ridy retaining all rights to seek legal remedies.

8. TERMINATION AND SUSPENSION

8.1. Right to Terminate or Suspend

  • Ridy may temporarily suspend a User's account to investigate potential violations of this Agreement or fraudulent activities. Users will be notified of the suspension and the reason for investigation.
  • Ridy reserves the right to suspend or terminate User access to the platform at any time, with or without notice, for non-compliance, misuse of the platform, or other behaviors deemed harmful to the platform or its Users.
  • Upon termination, the User’s access to the Ridy platform will be immediately revoked, and all data associated with the User’s account may be retained in accordance with Ridy’s data retention policies.

9. INTELLECTUAL PROPERTY

9.1. Ownership of Intellectual Property

  • All intellectual property rights related to the Ridy platform, devices, website, and associated materials, including but not limited to trademarks, logos, software, and documentation, are owned by Ridy.
  • Users are not permitted to reproduce, modify, or distribute any Ridy intellectual property without prior written consent.

10. AMENDMENTS TO THE AGREEMENT

10.1. Right to Amend

  • Ridy reserves the right to modify these Terms and Conditions at any time.
  • Users will be notified of significant changes through the platform or via email. Continued use of the Ridy platform after such changes constitutes acceptance of the revised terms.
  • Users will be required to accept the updated terms through the Application before continuing to use the platform after significant changes.

11. MISCELLANEOUS

11.1. Severability

  • If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, so that the remainder of the Agreement shall remain in full force and effect.

11.2. No Waiver

  • The failure of Ridy to enforce any right or provision of this Agreement shall not be construed as a waiver of the right to enforce that provision at a later time.

11.3. Entire Agreement

  • This Agreement constitutes the entire understanding between the User and Ridy regarding the use of the platform and devices, superseding any prior agreements or understandings.